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(영문) 대구지방법원 2011.01.18 2010가합2194
손해배상(기)
Text

1. Defendant C:

A. 46,861,200 won to Plaintiff A, 10,901,700 won to Plaintiff B, and each of them from March 9, 2010.

Reasons

1. Basic facts

A. (1) On September 24, 2009, Plaintiff A, who has worked for a long time in the Ansan industry, entered into a domestic exclusive sales license agreement (hereinafter “instant one contract”) with Defendant C, which runs a plastic type of enterprise, with the trade name “F” (hereinafter “instant Ansan”) and entered into a domestic exclusive sales license agreement (hereinafter “instant one contract”). The main contents are as follows.

Article 1 (Power of Business Right) No person other than the plaintiff A shall have a nationwide goodwill.

Article 2(Period for Sales Rights) Article 3 (Minimum Sale Quantity) for 210 days from the date of the Agreement

A. The plaintiff A shall complete the acceptance within 75 days from the first date of delivery of 20,000 copies of the first order.

B. The Plaintiff A’s 30,000 parts of the second order volume are above the Plaintiff A.

The acquisition shall be made within 120 days after the completion of the sale in each subparagraph.

(c) the above A, B.

This Arrangement shall be null and void if the content of each subparagraph is not fulfilled.

Article 4 (Supply Price) Defendant C shall supply 12,00 won per dog to the Plaintiff A.

Provided, That the supply price after the first and second shipment shall be determined after consultation again.

Article 5 (Methods of Settlement of Prices) The full cash settlement and delivery prior to shipment shall be made after the inspection.

Article 7 (Period of Delivery) Within seven days from the ordering date of Article 8 (Other) In the event that the plaintiff A 5,000 orders, the defendant C shall provide the plaintiff A with the 700 of the bridge free of charge.

② On September 23, 2009, before September 23, 2009, Plaintiff A entered into a contract with Plaintiff B to grant Plaintiff B a domestic exclusive sales right for the instant Ansan test (hereinafter “instant two contract”). The content of the instant contract is the same as the instant one, except where the phrase “A’s supply price is KRW 15,000, and “the instant two contracts are aware and respected that it was made on the basis of the content of the instant one contract.”

③ Around October 2009, Defendant C supplied to Plaintiff A with a unit price not exceeding the unit price for the relevant Ansan test.

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